As a Chicago equal pay lawyer, I’ve represented individuals who have suffered illegal gender wage discrimination. Illinois equal pay laws protect employees from unfair treatment when it comes to wages. These laws have addressed the wage disparities between men and women. If you or a loved one is being underpaid because of your gender, it’s important to understand your rights under the law and how you can seek justice.
Gender wage disparity is not just a matter of inequality, it’s illegal. The Illinois Equal Pay Act of 2003 addresses these issues head-on, requiring employers to compensate employees equally for similar work, regardless of gender. In Illinois, employers comply with equal pay laws, and understanding the implications of these laws is critical for employees and employers alike. Wage discrimination doesn’t just impact an individual’s current earnings; it can affect long-term financial stability, retirement savings, and professional growth.
I’ll now discuss how Illinois’ equal pay laws work, what legal steps you can take if you’ve been a victim of wage discrimination, and what employers need to know to remain compliant.
Illinois Equal Pay Act And Its Amendments
The Illinois Equal Pay Act (EPA) was enacted to close the wage gap between men and women performing the same or substantially similar work. Under the law, employers are prohibited from paying employees differently based on gender when they perform tasks that require equal skill, effort, and responsibility under similar working conditions.
In 2021, the state expanded the EPA’s scope by passing amendments that strengthened protections for employees and increased penalties for employers who violate the law. These amendments specifically addressed areas such as wage transparency, employer reporting requirements, and retaliation protection for employees who inquire about or disclose their wages.
Key Provisions Of The Illinois Equal Pay Act
- Prohibition of Wage Disparities – The EPA prohibits wage discrimination based on gender for similar work performed under similar conditions.
- Wage Transparency – Employers cannot ask for a job applicant’s wage history. This prevents past wage discrimination from carrying over to new employment.
- Equal Pay Certification – Employers in Illinois with more than 100 employees are now required to obtain an Equal Pay Certification from the Illinois Department of Labor (IDOL).
- Retaliation Protection – Under the EPA, it is illegal for employers to retaliate against employees who file a complaint, discuss wages with coworkers, or participate in an investigation related to wage discrimination. This protection makes sure that employees can assert their rights without fear of adverse consequences.
- Civil Penalties and Remedies – Employers who violate the Illinois Equal Pay Act will face significant penalties, such as back pay, damages, and civil fines.
What Should You Do If You’ve Experienced Wage Discrimination?
If you are being paid less than your male counterparts for performing the same or similar work, you have the right to take legal action under Illinois law. Filing a claim for wage discrimination can feel overwhelming, but with the right legal guidance, you can seek the compensation and justice you deserve.
To file a claim, you need to provide evidence that you are being paid less than a male employee performing similar work. Evidence can include pay stubs, job descriptions, and any documentation that shows the similarities in job responsibilities between you and the higher-paid employee. Once your claim is filed with the Illinois Department of Labor, they will investigate the case and determine whether a violation of the EPA has occurred.
In some cases, you may be able to settle your claim through negotiation with your employer. However, if a resolution cannot be reached, you may need to pursue legal action in court to recover the wages you are owed.
Illinois Equal Pay Act FAQs
How Does The Illinois Equal Pay Act Define “Substantially Similar” Work?
“Substantially similar” work refers to jobs that require equal effort, skill, and responsibility and are performed under similar working conditions. This doesn’t mean that the job titles must be identical, but the core tasks, duties, and responsibilities must be comparable.
Can My Employer Ask About My Previous Salary During A Job Interview?
No. In Illinois, employers are prohibited from asking about your past salary during the hiring process.
What Should I Do If I Think I’m Being Paid Less Because Of My Gender?
If you suspect that your employer is paying you less based on your gender, you should consult with an attorney who can help you evaluate your case. You can also file a complaint with the Illinois Department of Labor, which will investigate your claim.
Can I Be Fired For Discussing My Wages With Coworkers?
No. The Illinois Equal Pay Act protects employees from retaliation for discussing their wages with colleagues. Employers cannot punish you for sharing wage information or inquiring about pay disparities in the workplace.
How Long Do I Have To File A Wage Discrimination Claim In Illinois?
You have up to five years to file a claim under the Illinois Equal Pay Act. However, it is always best to take action as soon as possible to ensure that evidence and documentation are readily available for your case.
What Penalties Can Employers Face For Violating Equal Pay Laws In Illinois?
Employers found in violation of the Illinois Equal Pay Act may be required to pay back wages, compensatory damages, and civil fines. In addition, they may face legal action and damage to their reputation, particularly if they fail to comply with Equal Pay Certification requirements.
Contact Our Chicago Equal Pay Lawyer For Your Free Consultation
The Law Office of Michael Smith is committed to helping clients who have experienced gender wage discrimination fight for fair treatment in the workplace. If you believe that your employer has violated Illinois’ equal pay laws, contact our Chicago equal pay lawyer by calling (847) 450-1103 to receive a free consultation.